- Who sends it
- The lender's lawyer or the foreclosing party files it with the county; you may not get a copy
- What it starts
- Public notice of the case. Your deadline comes from the summons, not the lis pendens
- Do this first
- Find out whether you have been served with a summons and complaint
What this document is
"Lis pendens" is Latin for "a suit pending". It is a short notice recorded in the county land records that tells anyone who checks the title, such as a buyer or a new lender, that a lawsuit or foreclosure may affect the property. Some states call it a notice of pendency or a notice of pendency of action.
You might find it when a title search is run, when you look up your property online, or when people who read public filings start sending you mail.
What it does and does not mean
- It does not mean you have lost the home or must move. It is not a judgment, a sale or an eviction.
- It does make selling or refinancing harder, because a buyer or lender will see it.
- You usually do not have to respond to the lis pendens itself. You do have to respond to the summons and complaint if you are served. See summons and complaint.
- It can matter later. In Florida, the owner of record on the date the lis pendens was filed is presumed to be entitled to any surplus money from the sale.
The deadline to watch
A lis pendens does not set a deadline for you. The court papers do. In most court foreclosure states you have about 20 to 35 days after you are served to file a written answer, depending on the state. If you see a lis pendens and have not been served, check with the court clerk in your county whether a case has been filed, and watch for the papers.
What to do this week
- Call the court clerk or look up the case online to see if a foreclosure has been filed, and get the case number.
- If you were served, write down the date and find your answer deadline on the summons.
- Send your servicer a complete loss mitigation application if you have not already. If the sale is more than 37 days away, federal rules require a review within 30 days and bar a judgment or sale while it runs.
- Call a free HUD-approved housing counselor at (800) 569-4287 and legal aid or a lawyer. See lawyers by city.
- If you settle or get a modification, ask that the lis pendens be removed. In New York, the lender must cancel it within 90 days after the agreement is signed.
What it is called in different states
- Florida: lis pendens, recorded when the case is filed.
- New York: Notice of Pendency, filed with the court when the case starts.
- South Carolina: notice of pendency of action, which must be filed at least 20 days before judgment.
- Illinois: notice of foreclosure recorded against the property.
- Kentucky: a notice of the pending action filed at the same time as the complaint.
- Vermont: a copy of the complaint filed in the town land records.
- Minnesota: notice of pendency, used even though Minnesota usually forecloses without a court case; you may not get a copy, so check with the county recorder.
Scams tied to public filings
Because a lis pendens is public, people who read these filings may contact you. Watch for:
- Anyone who asks for a fee before you have signed an agreement with your servicer. A company that is not your lawyer cannot charge for mortgage relief until then.
- Anyone who tells you to stop talking to your servicer, your housing counselor or your lawyer.
- Anyone who wants payment by wire, cashier's check or a payment app, or who asks you to sign over your deed.
- Anyone who says they are with the government or your lender without proof. Call the number on your own statement or letter to check.
How much time do you have? It depends on your state.
See the foreclosure timeline, deadlines and free local help for the state where the home is.
Common questions
Do I need to file anything about the lis pendens?
Usually no. Your response goes to the summons and complaint. Ask legal aid or a lawyer if you think the lis pendens was filed in error.
Can I still sell my home with a lis pendens on it?
Often yes, but the buyer and anyone lending to the buyer will see it, so the sale has to deal with the loan. A sale for enough to pay off the loan, or a lender-approved short sale, is how many owners do it. Talk to a counselor or lawyer first.
Will the lis pendens go away if I catch up?
Ask in writing that it be released when the case ends, and check the county records later to confirm. In New York, the lender must cancel it within 90 days after a settlement or modification is signed.
Keep reading
- Late notice and early intervention letterThis letter is a warning, not a foreclosure. Federal rules make your servicer reach out early and tell you about help. In most cases a foreclosure cannot start until you are more than 120 days behind, so this is the best time to act.
- Breach letter (demand or notice of intent to accelerate)A breach letter says you are in default and gives you a date to catch up. If you do not, the lender can call the whole loan due and move toward foreclosure. Many standard mortgages and deeds of trust require at least 30 days to cure.
- Notice of defaultIn many states that foreclose without a court, a recorded notice of default is the official start of the foreclosure. It is not a sale and not an eviction. It starts a waiting period before a sale can be set, and you can usually still catch up or apply for help.
- Notice of intent to forecloseMany states make the lender send a warning letter before it can start a foreclosure. These letters often give you a set number of days, a cure amount and a list of free counselors. The deadline in the letter matters, so act on it now.
- Foreclosure summons and complaintA summons and complaint means the lender has sued to foreclose. You have a short, firm deadline to respond in writing, often 20 to 30 days from the day you were served. Missing it can let the lender win without your side being heard.
- Notice of trustee's saleA notice of sale sets the date, time and place your home will be auctioned. It is serious, but it is not the end. You may still be able to catch up, get a review, use mediation or file bankruptcy, and each of those has its own cutoff.